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Legal Protections
Supplemental Slides, 2009 E. VanBergeijk, Dean, NYIT
Legal Protections
Supplemental Slides, 2009 E. VanBergeijk, Dean, NYIT
Immunity from liability
- Some mandated reporters face a conflict between their legal obligation to report and their legal obligation to maintain client or patient confidentiality
- Section 419 of the Social Services Law provides immunity form liability for mandated reporters
- Mandated reporters are immune from any criminal or civil liability if the report was made in good faith
- The good faith of such a person, official, or institution required to report is presumed. This means if a person accuses you of making a false report in bad faith, they have to PROVE you acted with gross negligence or willful misconduct